(1) If, in the case of insurance taken out for the account of a third party, the insurer is not liable to the policyholder, he or she may only cite this against an insured party authorised to independently assert his or her rights arising from the contract of insurance if the circumstances on which the exemption from obligation to effect payment are based on the insured person himself or herself, or if these circumstances were known to the insurer, or were not known to the insurer on account of gross negligence.
(2) The extent of the obligation to effect payment under subsection (1) is determined in accordance with section 117 (3) sentence 1; section 117 (3) sentence 2 does not apply. Section 117 (4) applies accordingly.
(3) Insofar as the insurer pays the claim in accordance with subsection (1), he or she may have recourse to the policyholder.
(4) Subsections (1) to (3) apply accordingly if the time limit under section 117 (2) sentences 1 and 2 has not yet expired, or if the insurer has not notified the competent agency that the insurance agreement has ended.